CMNT_TITLE

Equality of Treatment (Social Security) Convention, 1962 (No. 118) - Central African Republic (RATIFICATION: 1964)

Other comments on C118

Observation

Direct Request

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The Committee notes the adoption of Act No. 06-035 of 28 December 2006 issuing the Social Security Code, Decree No. 09-116 of 27 April 2009 implementing that Act and Decree No. 09-115 of 27 April 2009 determining the legal and institutional status of the National Social Security Fund, which together establish the new legal framework for social security at the national level. The Committee notes with regret that, as was the case of the legislation previously in force, the new legislation is based on the principle that equality of treatment is subject, contrary to Article 4(1) of the Convention, to the condition of the residence of foreign nationals in the national territory. The grant of benefits abroad is only possible if it is provided for in bilateral or multilateral social security agreements, which is contrary to the provisions of Article 5(1) of the Convention. In the Central African Republic, this provision of the Convention requires that old-age benefit and employment injury pensions be granted, without other conditions, to its own nationals and to nationals of any other Member which has accepted the obligations of the Convention with regard to these benefits. In light of the information available, the Committee concludes that the national legislation continues not to give full effect to the essential provisions of the Convention. The Committee trusts that the Government will take the necessary measures to make appropriate amendments to the legislation so as to give full effect to the Convention on the above points, which are examined in greater detail in a request addressed directly to the Government.